iffs, and con

XVI. And that every justice of peace within this Duty of jus colony, upon his own knowledge of such unlawful tices, shermeeting, or information thereof to him made, within stables, in ten days after, shall forthwith issue his warrant, to suppressing apprehend the persons so met, or assembled, and cause unlawful them to be brought before himself, or any other jus- meetings. tice of his county, to be dealt with as this act directs; and every justice failing herein, shall forfeit and pay fifty shillings, or five hundred pounds of tobacco, for every such failure; and every sheriff who shall fail, upon knowledge, or information of such meeting, to endeavour to suppress the same, and bring the offenders before some justice of peace, to receive due punishment, shall be liable to the like penalty of fifty shillings, or five hundred pounds of tobacco; both which penalties shall be to the informer, and recoverable with costs, by action of debt, in any county court; and every under sheriff, or constable, who, upon knowledge, or information of such meeting, shall fail to perform his duty in suppressing the same, and apprehending the persons so assembled, shall forfeit and pay two hundred pounds of tobacco for every such failure, to the informer, recoverable with costs, before any justice of the county wherein such failure shall be.

out leave, shall be

XVII. And that if any slave shall presume to come, Slaves going and be upon the plantation of any person whatsoever, abroad, withwithout leave in writing, from his, or her owner, or overseer, not being sent upon lawful business, it shall whipped. be lawful for the owner, or overseer of such plantation, to give, or order, such slave ten lashes, on his, or her bare back, for every such offence.

XVIII. And be it further enacted, by the authority aforesaid, That no slave shall go from the plantation, or seat of land whereon he, or she, is appointed to live, without a certificate of leave, in writing, from his, or her owner, or overseer, or by their express order: Arms and And that no negroe, mulattoe, or Indian whatsoever, ammunition, in custody shall keep, or carry any gun, powder, shot, club, or of a negroe, other weapon, whatsoever, offensive, or defensive, but mulattoe, or all and every gun, weapon, and ammunition, found in Indian, may the custody or possession of any negroe, mulattoe, or be seized, Indian, may be seized by any person, and upon due fender whipproof thereof made before any justice of peace, of the ped. county where such seizure shall be, shall by his order, be forfeited to the seizor, for his own use; and moreover, every such offender shall have, and receive, by

and the of

But free ne

groes, &c. as live in the

and all such

frontiers, may be licensed to keep arms.

Negroe, mulattoe, or Indian, lifting his hand against a christian white person, shall

order of such justice, any number of lashes, not exceeding thirty nine, on his, or her bare back, well laid on, for every such offence.

XIX. Provided nevertheless, That every free negroe, mulattoe, or Indian, being a house keeper, may be permitted to keep one gun, powder, and shot: And all negroes, mulattoes, and Indians, bond or free, living at any frontier plantation, may be permitted to keep and use guns, powder, shot, and weapons, offensive, or defensive, by licence, from a justice of peace, of the county wherein such plantations lie, to be obtained upon the application of free negroes, mulattoes, or Indians, or of the owners of such as are slaves.

XX. And be it further enacted, by the authority aforesaid, That if any negroe, mulattoe, or Indian, bond or free, shall at any time, lift his, or her hand, in opposition to any christian, not being a negroe, mulattoe, or indian, he, or she so offending, shall for every such offence, proved by the oath of the party, before a jushave thirty tice of peace, of the county where such offence shall be committed, receive thirty lashes, on his, or her bare back, well laid on, by order of such justice.

lashes.

Process

against out

XXI. And whereas many times slaves run away, and lie out hid, and lurking in swamps, woods, and other obscure places, killing hogs, and committing other injuries, to the inhabitants of this colony, Be it therefore further enacted, by the authority aforesaid, That in all such cases, upon intelligence given of any slave's lying out, as aforesaid, any two justices of the lying slaves. peace, one being of the quorum, of the county wherein such slave is supposed to lurk, or do mischief, shall be, and are impowered and required, to issue proclamation against all such slaves, reciting their names, and owners names, if known, and thereby requiring them, and every of them forthwith to surrender themselves; and also impowering the sheriff of the said county, to take such power with him, as he shall think fit, and necessary, for the effectual apprehending such out-lying slave, or slaves, and go in search of them: Which proclamation shall be published on two sabbath days, at the door of every church in the said county, by the clerk, or reader, immediately after divine service; and in case any slave, against whom proclamation hath been thus issued, and twice published at any church, as aforesaid, stay out, and do not immediately return home, it shall be lawful for any

person, or persons whatsoever, to kill and destroy Such slaves, by any ways or means, without accusation, or impeachment of any crime for the same.

XXII. And that if any slave shall happen to be kil- Slaves killed led, in executing such proclamation, as aforesaid, or this act, small in executing in dispersing unlawful assemblies, pursuit of rebels, be valued or conspirators, or seizing the arms, or ammunition, and paid for of such as by this act are prohibited to keep the same, by the pubthe court of the county where such slave shall be so killed, upon application of the owner, and due proof before them made, shall value the slave so killed, and certify such valuation to the next session of Assembly, that a suitable aliowance may be made to the owner.

lic.

slaves,

ble.

XXIII. And that where any slave shall happen to Homicide of die, by reason of any stroke, or blow given, during where it's his, or her correction, by his, or her owner, or by not wilful or reason of any accidental blow whatsoever, given by malicious, such owner, no person concerned in such correction, or dispunishaaccidental homocide, shall be liable to any prosecu tion, or punishment for the same, unless upon examination before the county court, it shall be proved, by the oath of at least one lawful and credible. witness, that such slave was killed wilfully, maliciously, or designedly; and no person indicted for the murder of a slave, and upon trial found guilty of manslaughter only, shall incur any forfeiture, or punishment, for such offence, or misfortune.

XXIV. And that where any slave shall be notori- Incorrigable slaves may ously guilty of going abroad in the night, or running be punished away, and laying out, and cannot be reclaimed from by dismemsuch disorderly courses, by the common methods of bering, or punishment, it shall be lawful for the county court, otherwise, upon complaint, and proof thereof to them made, by not touching the owner of such slave, to order and direct such punishment, by dismembering, or any other way, not touching life, as such court shall think fit: And if such slave shall die by means of such dismembering, no forfeiture, or punishment, shall be thereby incurred.

life.

person, or

XXV. Provided always, That nothing herein be. But the fore contained shall be construed to bar the action of owner of slaves killed any person whose slave, or slaves, shall be killed, by any other person, or persons whatsoever, or shall die by any other through the negligence of any surgeon, or other per- aying son, undertaking the dismembering, or cure of any through neslave, so punished by order of court; but every own- gligence of his surgeon er shall and may have the same remedy, for the death,

may have le- and loss of his, or her slave, or slaves, as he, or she, gal remedy might have had if this act had never been made.

Slaves freed

without legal licence, may be sold by the churchwardens.

clause

XXVI. And be it further enacted, by the authority aforesaid, That no negroc, mulattoe, or Indian slave, shall be set free upon any pretence whatsoever, except for some meritorious services, to be adjudged and allowed by the governor, and council, for the time being, and a licence thereupon first had, and obtained; and if any slave shall be otherwise set free, it shall be lawful for the churchwardens of the parish, wherein he, or she, shall reside the space of one month, next after his, or her, being so freed, and they are hereby authorised and required to take up, and sell him, or her, as a slave, by public auction, at the next court held for that county, and to apply the monies, arising by such sale, to the use of their parish, towards lessening the levy thereof.

Repealing XXVII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

Commence

act.

XXVIII. And be it further enacted, by the authority ment of this aforesaid, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fifty one.

CHAP. XXXIX.

An Act for making provision against

Invasions and Insurrections.

I. WHEREAS the frontiers of this dominion, being of great extent, are exposed to the invasions of foreign enemies by sea, and incursions of Indians at land, and great dangers may likewise happen by the insurrections of negroes, and others, for all which the militia settled by law is the most ready defence: And forasmuch as the militia of those counties, where any the dangers aforesaid shall arise, must necessarily be

first employed, and may by the divine assistance, be able to suppress and repel such insurrections, and invasions, without obliging that of the other counties to be raised; and it being reasonable, that such services as shall be performed by any part of the said militia, be rewarded at the public charge.

invasion, or

II. BE it enacted, by the Lieutenant Governor, Coun- The Governcil, and Burgesses, of this present General Assembly, or's authori and it is hereby enacted by the authority of the same, ty in cases of That upon any invasion of an enemy by sea, or land, insurrection. or upon any insurrection, the governor, or commander in chief of this dominion, for the time being, shall have full power and authority to levy, raise, arm, and muster, such a number of forces, out of the militia of this colony, as shall be thought needful for repelling the invasion, or suppressing the insurrection, or other danger, and the same to lead, conduct, march, transport, and employ, or by his lieutenants, commanders, or other officers, by him commissionated, to cause to be led, conducted, marched, transported, and employed, as well within the several counties, and places to which they belong, as into any other counties and places within this dominion, for the suppressing and repelling of all such insurrections and invasions, and such forces again to discharge, and disband, as the cause of danger ceases.

III. And be it further enacted, by the authority afore- Milttia offisaid, That every officer of the militia, to whom notice cer's power shall be given of any insurrection, or invasion, shall and duty. have full power and authority, by virtue of this act, and is hereby required, forthwith to raise the militia. under his command, and to send immediate intelligence to the county lieutenant, or in his absence to the chief commanding officer, residing in the county, and to the next militia officer in the same county, informing them, at the same time, in what manner he intends to proceed; and in the mean time, shall keep the militia under his command under arms, until he receives orders from his superior officer: And every county lieutenant, or chief commanding officer in any county, to whom such intelligence shall be given, of any insurrection or invasion, shall forthwith dispatch an express, to the governor or commander in chief of this dominion, for the time being, notifying the danger, and shall therewith signify, in the best manner he can, the strength and motions of the enemy; and P-Vol. 6.